Subscribe to our daily newsletter
Tyson McKenzie, 26, was killed on Sept. 9, 2023. (Facebook)
Court proceedings

Prince Albert hit-and-run case now in hands of judge

Jul 16, 2024 | 5:00 PM

**Editor’s note: The following story contains graphic descriptions that may be sensitive to some readers.

A woman who struck and killed her cousin, while behind the wheel of her mother’s vehicle, told a Prince Albert judge she takes full responsibility for her actions and is deeply sorry for the pain she caused her family.

Brayanna McKenzie was provided an opportunity to speak, during her sentencing hearing which started on Tuesday at Prince Albert Provincial Court. As the sentence is contested, Judge Healey ultimately reserved his decision to September 30.

In the early morning hours of Sept. 9, 2023, Prince Albert police responded to the 800 block of 13th St. W. That’s where 26-year-old Tyson McKenzie was found deceased.

While initially charged with of impaired driving causing death and failure to stop after a collision resulting in death, a guilty plea was entered to failing to stop after an accident. Brayanna has been out on bail since last October.

According to the agreed statement of facts read by Crown prosecutor Alexandria Boucher, Tyson had been part of a scuffle outside a business and Brayanna, who was driving her mother’s truck, had stopped and told him to get in.

When Tyson declined, Brayanna attempted to drive away but while doing so, set the gear in reverse, rather than drive, and hit her cousin.

Brayanna McKenzie was supported in court by multiple family members and her counselor. (Nigel Maxwell/ paNOW Staff)

After getting out and checking on her cousin, she then proceeded to drive to her mother’s house and an about an hour and a half later turned herself in, telling police what she did. She also admitted to driving drunk at the time of her cousin’s death.

When officers arrived at the scene, Tyson was found covered in blood. There were scrape marks on his body, and a large gaping wound on his left hip caused by the truck’s hitch. There was also a large pool of blood beside the body.

Three young witnesses walking by called 9-1-1.

“They heard a loud thud,” Boucher said.

The Crown is seeking a two-year jail sentence, followed by a two-year driving prohibition. Boucher, who acknowledged Brayanna is only being sentenced on a charge of failure to stop after an accident, explained a custodial sentence is required for denunciation and deterrence.

“I believe this is not a true accident,” she said, explaining had Brayanna stayed at the scene, there may have been further evidence to bring to court and a chance Tyson could have received medical help much sooner.

With respect to why Brayanna fled the scene, the only evidence provided was that she panicked. Among the aggravating factors cited by Boucher were the facts Brayanna did not call 9-1-1 and had admittedly been driving drunk when Tyson was killed.

“It is the most serious consequence someone can have for drinking and driving,” Boucher said.

While noting Brayanna attends counseling, and has shown remorse for her actions, Boucher also noted Brayanna’s history with substance abuse, and said a provincial institution, away from negative influences, is the best place for her to ensure she continues sobriety.

And while also acknowledging Brayanna is a single mother of a young daughter, Boucher suggested this was also the case at the time of the tragic incident.

“She is not the one who lost her life here,” she said. “She saw someone she hit was dying, she decided to flee the scene.”

In turm, defence is seeking a six month conditional sentence order (CSO), to be followed by 18 months of probation. Conditions of the CSO would include a 24 hour curfew, and for the entire 18 months she would be prohibited from driving.

Brayanna’s lawyer Zachary Carter explained that out of guilt, Brayanna had initially opted to stay in custody for over a month without seeking bail. He also provided three support letters to the judge, including one from the victim’s mother (her aunt).

In the courtroom, Brayanna was surrounded by family and sat beside Tyson’s mother.

“She went into the wrong gear,” Carter said, explaining the incident, while serious in nature, was simply a tragic accident.

And while acknowledging Brayanna could have gone to police earlier, Carter reminded the court she did go.

He also noted that while out on bail, Brayanna has not breached any conditions and has plans in the future to resume her post-secondary studies.

“Her remorse is high,” he said.

nigel.maxwell@pattisonmedia.com

On X: @nigelmaxwell

View Comments